| 1 | 1 | | 85R12101 ADM-D |
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| 2 | 2 | | By: West S.B. No. 1619 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of the offense of electronic access |
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| 8 | 8 | | interference. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 33, Penal Code, is amended by adding |
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| 11 | 11 | | Section 33.022 to read as follows: |
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| 12 | 12 | | Sec. 33.022. ELECTRONIC ACCESS INTERFERENCE. (a) A person |
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| 13 | 13 | | commits an offense if: |
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| 14 | 14 | | (1) the person intentionally interrupts or suspends |
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| 15 | 15 | | access to a computer network or computer system without the |
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| 16 | 16 | | effective consent of the owner; and |
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| 17 | 17 | | (2) the computer network or computer system is owned |
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| 18 | 18 | | by the government or a critical infrastructure facility. |
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| 19 | 19 | | (b) An offense under this section is a felony of the third |
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| 20 | 20 | | degree. |
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| 21 | 21 | | (c) It is a defense to prosecution under this section that |
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| 22 | 22 | | the person acted with the intent to facilitate a lawful seizure or |
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| 23 | 23 | | search of, or lawful access to, a computer network or computer |
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| 24 | 24 | | system for a legitimate law enforcement purpose. |
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| 25 | 25 | | SECTION 2. Section 33.03, Penal Code, is amended to read as |
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| 26 | 26 | | follows: |
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| 27 | 27 | | Sec. 33.03. DEFENSES. It is an affirmative defense to |
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| 28 | 28 | | prosecution under Section 33.02 or 33.022 that the actor was an |
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| 29 | 29 | | officer, employee, or agent of a communications common carrier or |
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| 30 | 30 | | electric utility and committed the proscribed act or acts in the |
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| 31 | 31 | | course of employment while engaged in an activity that is a |
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| 32 | 32 | | necessary incident to the rendition of service or to the protection |
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| 33 | 33 | | of the rights or property of the communications common carrier or |
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| 34 | 34 | | electric utility. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2017. |
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